CHARGE OF PERJURY.

Auckland Star, Volume XXIX, Issue 228, 27 September 1898, Page 5

CHARGE OF PERJURY.

THE CASE DISMISSED.

Mr Brabant, S.M., when giving his decision in the. case of ex-Constable Skinner, charged with perjury in connection with the Albion Hotel disturbance, the result of which was briefly reported in yesterday's issue, said this was a casein which the. defendant, lately a policeman, was charged on the information of Alfred Harris with having committed perjury during the hearing of a charge against the informant of using certain obscene language. The prosecution, to get a committal, would have to prove that the language had not been used by Harris. It was proverbially difficult to prove a universal negative. The obscen/e language might havie been Tised, and not heard for many reasons. He saw no reason to doubt tie witnesses for the prosecution. Some of them stated that Harris did not use obscene language, nor anyone else, and they went" further and expressed the confident opinion that the language was not used. Mr Brabant then, in going through their evidence, pointed out that other circumstances had presumably taken placte when Harris was arrested, a.nd the witnesses did not seem aware of them. He therefore' came to the conclusion that they had not paid "much, attention to the occurrence. And, on the other hand he had the. evidence of the witnesses for' the defence, whom he considered qxiite as reliable as those for the prosecution. It seemed quite possible to His Worship that the Language w^as used and that the witnesses for the prosecution did not hear it. The evidence as a whole was very confiised and contradictory, and he considered there was no chance of a jury convicting the defendant of perjury. The information would be dismissed. The otlier three, defendants, Walter, Scott, Jas. Jackson and John Mcßae, were then formally charged with similar offences. The informations were dismissed in each case, no evidence being offered for the prosecution.